VII. Part TITLE TRAFFIC CODE TABLE OF CONTENTS O-1l II II ll

Transcription

1 LAWS OF THE FORT BELKNAP INDIAN COMMUNITY VII TITLE TRAFFIC CODE TABLE OF CONTENTS Part I. Motor Vehicles am Highways II. Vehicle Operation Requirements III. Criminal Traffic Law Part I. Motor Vehicles and Highways Section I General Provisions l.l Purpose of Title 1.2 jurisdiction am Procedure 1.3 Definitions Part II. Vehicle Operation Requirements Section I Ci vii Nature of Part n Section 2 Vehicle Operation Requirements 2.1 Bicycles 2.2 Motorcycles 2.3 Commerical Towing Service 2.4 Excessive Revving of Engines/Acceleration 2.5 False Report 2.6 Mufflers 2.7 Obstructing Traffic 2.8 Reporting Accidents 2.9 Yielding Right of Way 2.10 Failure to Stop for a School Bus 2.11 Speed Limits 2.12 Careless Driving 2.13 Traffic Control am Signs 2.14 Motor Vehicle Operating Standards 2.15 Child Safety Restraints Section 3 Enforcement 3.1 Enforcement Responsibilities 3.2 Default 3.3 Fines 3.4 Hearing Procedure 3; Miscelaneous Guidelines Part III. Criminal Traffic Law Section I Criminal Nature of Part Ill. I.1 Criminal Nature of Offenses 1.2 Processing of Youth 1.3 Work Permits I.4 Reinstatement Pees 1.5 Reporting Requirements 1.6 Definitions 1.7 Police Authority Section 2 Offenses 2.1 Reckless Driving 2.2 Reckless to Elude 2.3 Driving While Suspended or Revoked I I O-1l II II ll

2 LAWS OF THE FORT BELKNAP INDIAN COMMUNITY Driving a Motor Vehicle by a Person with a Alcohol Concentration of 0.10 or more (Per Se) Driving a Motor Vehicle While Under the Influence of Intoxicating Liquor or Drugs Chemical Blood, Breath, or Urine Test Admissibility of Evidence

3 THE I AWS OF THE FORT BEl KNAP INQlAN COMMUNITY illlevii PARTI MOTOR YEHICI.ES AND HIGHWAYS SECTIONl. GENERAl, PROVISIONS J.1 Purpose of Tjtle A. The purpose of this title is to provide regulations for the use of vehicles within the boundaries of the Fort Belknap Reservation. The proper use of vehicles within the boundaries of the Fort Belknap Reservation is of importance to the health and safety of the individual Tribal members, as well as the over-all quality of life for residents of the Reservation. B. This title is further intended to exercise the powers of self-government the Gros Ventre and Assiniboine Tribes retain in governing their people and territory. This self-government becomes all the more important in the face of problem areas such as traffic control, where the jurisdictional maze created by laws in this area have resulted in cumbersome, if not impossible, enforcement requirements. The inherent sovereignty of the Gros Ventre and Assiniboine Tribes are therefore being utilized in this area to deal with a growing problem brought about in part by the ever-growing sophistication, mechanization, and transitory nature of the world around us. c. These regulations are intended to provide minimum standards for individuals operating vehicles within the boundaries of the Fort Belknap Reservation. These regulations are mandatory in nature, and must be complied with. Sanctions against violators are identified, and will be applied to be sure these minimum standards are met. D. These regulations are intended to benefit all those who live within the Reservation boundaries, by making the streets and highways safer to use. The Fort Belknap Community Council will enforce these regulations with these purposes in mind, and said regulations shall be applied as necessary to fulfill these purposes. If in the future, any of these regulations are found to be in violation of the law, and therefore void, the remaining provisions shall remain in full force and effect until further action of the Tribal governing body. History: Subsection l.l (A-D) 1.2 Jurisdiction and procedure. enacted 3/8/99. Resolution No A. The Fort Belknap Indian Community Tribal Court shall have jurisdiction to hear all cases and controversies arising under the provisions of this title. Page 1 oftitle VII of the Traffic Code

4 THE I AWS OF THE FORT BELKNAP INQIAN COMMI JNITY Such jurisdiction shall include all matters identified as civil or criminal in nature. B. All cases and controversies arising under the provisions of Chapter 1 shall be treated as civil in nature, and be controlled by the Fort Belknap Rules of Civil Procedure, unless provisions herein conflict with the Rules of Civil Procedure, in which case the provisions herein control. History: Subsection 1.2 (A-B) enacted 3/8/99. Resolution No J.3 Defjnjtjons The following definitions shall control in this Chapter: A. Authorized Emergency Vehicle: Any vehicle in official use for emergency purposes by the Gros Ventre or Assiniboine Tribes, State of Federal Agency and private ambulances. B. Bicycle: Every device propelled by human power upon which a person or persons may ride on land, having one, two or more wheels. C. Flag Person: means any person who directs, controls, or alters the normal flow of vehicular traffic upon a street or highway as a result of a vehicular traffic hazard then present on that street or highway. This person's employer shall ensure that she or he is properly equipped for this work. D. Funeral Procession: means two or more motor vehicles, one of which is carrying a deceased person, in the daylight hours. E. Motorcycle: Every motor vehicle having a seat for the use of the rider and designed to travel on not more than three wheels in contact with the ground; but excluding a tractor. F. Motor Vehicle: Every vehicle which is self-propelled or propelled by electrical power, or upon water. G. Operator: Any person who operates, drives, controls, or otherwise has charge of a vehicle. H. Traffic: Pedestrians, ridden or herded animals, vehicles, and other conveyances, either singularly or together while using any road, trail, street or other thoroughfare for purpose of travel. 1. Vehicle: Every device in, upon or by which any person or property is or may be transported or drawn on land, except snowmobiles and devices moved by human power or used exclusively upon stationary rails or tracks. History: Subsection 1.3 (A-I) enacted 3/8/99. Resolution No Page 2 of Title VII of the Traffic Code

5 THE LAWS OF THE FORT BEI KNAP INDIAN COMMUNITY illi,evii PART IT VERICI.E OPERATION REQUIREMENTS SECTIONJ. CIVIl, NATURE OF PART II. A. As the proceedings intended under this title are civil in nature, a finding of liability for one of the sanctions identified shall impose no legal disability or disadvantage. B. When presenting a case provided for herein before the Tribal Court, the representative of the Tribes must show by a preponderance of the evidence that the named defendant was in non-compliance with these regulations, and should therefore be liable for the listed fine amount and/ or other sanction. C. All cases going to trial shall be presented in open court before a judge of the Fort Belknap Indian Community Tribal Court. Because of the small amounts involved as fines, and the expensive nature of jury trials, jury trials shall be allowed only at the leave of court, after a showing that such is necessary to receive a fair trial. D. A cause of action brought under the provisions of Part II does not preempt other causes of action arising from the same incident, whether criminal or civil, as long as there is a separate basis for such cause of action. A finding of liability under this title may be used as evidence in further actions, where appropriate. Actions arising under Part II must be treated separate from criminal actions, and shall not be used as the basis of plea bargain agreements. Hislory: Subseclion (A-D) was enacled 3/8/99. Resolution No SECTION 2. VERInE OPERATION REQUIREMENTS 2.1 Bicycles. A. Bicycle riders must comply with all applicable traffic regulations, including the provisions of this title, and all posted traffic signs. Bicycle riders shall keep bicycles under complete control at all times. B. All person riding bicycles shall ride as near to the right side of the roadway as practical, exercising due care when passing a standing vehicle. When available, riders must refrain from the highway when designated bike paths are available, other than crossing the highway. C. Every person operating a bicycle on a hard surface or all weather road within the exterior boundaries of the Fort Belknap Reservation at night shall Page 3 oftille VI! of the Traffic Code

6 THE I AWS OF THE FORT BEl KNAP INDIAN COMMUNITY have the bicycle equipped with a lamp on the front. In addition, each bicycle must exhibit a white light on the front and a red reflector on the rear, during periods of low visibility or during the period of time between sundown and sunrise. D. Any person found to have been in non-compliance with this section shall be liable for a fine of not more than $10.00 nor less than $5.00. In the case of violation of any of the foregoing provisions by any minor, the adult or adults responsible for the care and custody of the minor shall be responsible for the payment of the fine if they authorized or knowingly permitted the minor to ride the bicycle in violation of this section. History: Subsection 2.1 (A-D) enacted 3/8/99. Resolution No Motorcycles. A. Motorcycle operators and riders must comply with all applicable traffic regulations, including the provisions of this title, and all posted traffic signs. Motorcycle operators and riders must wear protective head gear whenever riding a moving motorcycle within the boundaries of the Fort Belknap Reservation. B. Each motorcycle operated on any road within the Fort Belknap Reservation must have a light in the front capable of dimming from high beam, have a rear tail light, have turning lights both front and back, and have appropriate rear view mirrors. Turning lights are required at all times, however working front and rear lights are required only during periods of low visibility, or between the time of sundown and sunrise. C. Each motorcycle operated within the boundaries of the Fort Belknap Reservation must have a muffler in good working order, as required by Section 2.6. D. All motorcycles are entitled to full use of a land and no motor vehicle shall be driven in such a manner as to deny any motorcycle the full use of a lane. E. No person shall operate or ride nor shall the operator permit a person to ride upon a motorcycle unless he is wearing protective headgear securely fastened on his head. This subsection shall not apply to person riding within an enclosed cab. F. Any person found to have been in non-compliance with this section shall be liable for a fine of not more than $50.00 nor less than $ History: Subsection 2.2 (A-F) enacted 3/8/99, Resolution No Commercial Towing Service Page 4 of Title VII of the Traffic Code

7 THE LAWS OF THE FORT BEl KNAP INDIAN COMMUNITY A. An operator of a vehicle used to provide commercial towing service for another vehicle following an accident, or for any other reason, must give immediate notice by the quickest available means of communication to the Fort Belknap Law Enforcement officials, before moving the vehicle, unless traffic is being obstructed, in which case notification shall be made before leaving the Fort Belknap Reservation. In no event shall notice be more than twelve (12) hours after moving the vehicle. B. Any person found to have been in non-compliance with this section shall be liable for a fine of not more than $100.00, nor less than $ History: Subsection 2.3 (A-B) enacted 3/8/99, Resolution No Excessive Revving of Engines / Acceleratjon A. The excessive revving of the engine of a motor vehicle or motorcycle so as to cause a disturbance of the peace, is prohibited. This prohibition shall not apply to vehicles being repaired or when such revving can be shown to have legitimate :.lrposes. B. Every operator of a vehicle must keep their vehicle under control at all times. The excessive acceleration of a vehicle when approaching or leaving a stopping place is prohibited. Acceleration is excessive when control is difficult to maintain under normal driving conditions because of the acceleration. C. Any person found to have been in non-compliance with this section shall be liable for a fine of not more than $50.00, nor less than $ History: Subsection 2.4 (A-C) enacted 3/8/99, Resolution No False Report. A. When reporting an accident or the non-compliance of an individual of traffic regulations, information related must be true and accurate to best of the knowledge and memory of the person reporting, B. Any person found to have deliberately or purposefully given a false or fictitious report shall be liable for a fine of not more than $150.00, nor less than $ History: Subsection 2.5 (A-B) enacted 3/8/99, Resolution No Mufflers A. Every motor vehicle shall be equipped with a muffler in good working order whenever the vehicle is operated on roads within the boundaries of the Fort Belknap Reservation. Page 5 of Title VII of the Traffic Code

8 THE I AWS OF THE FORT BEl KNAP INDIAN COMMUNITY B. Operating a vehicle equipped with muffler cut-outs, bypass, or similar device will not meet the standard of operating a vehicle with a muffler in good working order. C. Any person found to have been in non-compliance with this section, shall, when first discovered, be issued a written warning directing the operator to install on his/her vehicle, a muffler in good working order. person found to have been in non-compliance with this section after being issued the above written notice, shall be liable for a fine of not more than $100.00, nor less than $ History: Subsection 2.6 (A-C) enacted 3/8/99, Resolution No ObstOlcting Traffic Any A. When stopping, parking, or leaving any vehicle, whether attended or unattended, upon the paved or maintained surface of a road, every operator must leave at least ten (10) feet of the width of the same traffic lane for the free or unobstructed movement of other vehicles. Stopping, parking, or leaving any vehicle upon a designated fire lane is prohibited. The above shall not apply in the event of an accident or other condition beyond the immediate control of the operator, or if otherwise directed by an authorized person. B. No operator shall interfere with the normal follow of traffic by permitting a vehicle under his/her control to obstruct traffic by making turns from the wrong lane, by weaving in and out of traffic, by driving too unreasonably slow, or in any other unreasonable manner. C. No person shall leave their vehicle unattended on the roadway for over 48 hours. D. Any person found to have been in non-compliance with this section shall be liable for a fine of not more than $100.00, nor less than $ History: Subsection 2.7 (A-D) enacted 3/8/99, Resolution No Reporting Accidents A. The operator of any vehicle involved in a collision or accident resulting in damage to property or injury to or death of any person shall immediately stop such vehicle at the scene of the incident, or as close thereto as possible. The operator shall, in every event described above, remain at the scene of said event until he has fulfilled the requirements of paragraphs Band C of this section. B. The operator of any vehicle involved in a collision with an unattended Page 6 oftitle VII of the Traffic Code

9 THE LAWS OF THE FORT BELKNAP INDIAN COMMUNITY vehicle or other property in the absence of the owner, shall at the time and place of the incidents, give in writing his/ her name, address and identification of his vehicle to the operator or owner of the other property involved. If, after waiting for a reasonable time, the owner or operator of other property does not appear, then an operator may leave the above information along with his license number, if any, in a secure and conspicuous place, where said information will be found by the other owner or operator. C. Where possible, the operator of a vehicle involved in a collision with any vehicle or other property, shall at the time and place of the incident, give in writing his/her name, address, license number, and identification of his/her vehicle to the operator or owner of the other property involved. The operator of the vehicle must also provide the name and address of his or her insurance agent or company. In every situation where the collision causes bodily injury to someone or physical damage to property so as to render one of the vehicles unsafe or unable to drive, the Fort Belknap law enforcement department shall be notified, and both owner/ operators shall remain at the scene until law enforcement officials have investigated the incident. D. The operator of any vehicle involved in a collision or accident shall, no matter how serious the incident, give notice of the Fort Belknap law enforcement department. Said operator shall also provide a written report of the incident within 24 hours, when requested by an authorized person. This report does not relieve the operator from the responsibility of making any other motor vehicle accident report which may be required. E. Any person found to have been in non-compliance with this section shall be liable for a fine of not more than $500.00, nor less than $ History: Subsection 2.8 (A-E) enacted 3/8/99. Resolution No Yieldjng Right of Way. A. The operator of any vehicle when approached from any direction by any authorized emergency vehicle giving an audible or visual signal, shall yield the right of way to the emergency vehicle, by pulling to the side of the road, and allowing the vehicle to pass. B. The driver of a vehicle about to enter or cross a highway from a private drive or road shall yield the right of way to all vehicles approaching on the highway or road. C. When two vehicles from different highways enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the left. Page 7 of Title VII of the Traffic Code

10 THE I AWS OF THE FORT BELKNAP INDIAN COMMI!NITY D. Any person found to have been in non-compliance with this section shall be liable for a fine of not more than $200.00, nor less than $ History: Subsection 2.9 (A-D) enacted 3/8/99, Resolution No ,] 0 Fajlme to Stop for a School Bus. A. Every driver traveling on either side of the road shall stop before reaching a school bus receiving or discharging school children when flashing lights are in operation and shall not proceed until the school bus resumes motion. B. Any person found to have been in non-compliance with this section shall be liable for a fine of not more than $600.00, nor less than $ History: Subsection 2.10 (A-B) enacted 3/8/99, Resolution No J J Speed I.imits A. The operator of any vehicle within the boundaries of the Fort Belknap Indian Reservation shall limit the speed of his/her vehicle to the following maximum limits, unless otherwise provided in this section: 1. Fifteen (15) miles per hour, within all school zones, business parking areas, residential areas, and at sites of emergencies such as fires or motor vehicle accidents. 2. Thirty-five (35) miles per hour, upon sections of road repairs. 3. The speed limit on all other roads within the Reservation shall be seventy (70) miles per hour during the day and (65) during the night for all vehicles except trucks and except as posted otherwise. For trucks the speed limit shall be sixty-five (65) during the day and fifty-five (55) during the night. B. The Fort Belknap Community Council may establish greater or lesser speed limits upon any road or other way when the maximum speed limits set forth above are determined to be greater or less than is reasonable or safe. Such speed limits shall be established by posting of appropriate signs and no person shall drive any vehicle at a speed in excess of the maximum limits posted. The Council, when intending to change the speed limit of any stretch of road, must post said change in at least four (4) public places, three (3) weeks in advance of said change, and provide for a public hearing to take public comment on the proposed change, at least one week before the proposed change. When implementing any change, the Council shall post notice stating the reasons behind any change, and addressing the major issues, if any, raised for or against the change, at the public hearing. All signs existing as of the adoption date of this Code shall be presumed authorized, unless otherwise provided by the Council. Page 8 of Title VII of the Traffic Code

11 THE LAWS OF THE FORT REI KNAP INDIAN COMMUNITY C. The provisions of this section shall not apply to authorized emergency vehicles; provided, however, that such vehicles shall not be operated at speeds in excess of those which are prudent under the circumstances when speeding occurs. D. Any person found to have been in non-compliance with this section shall be liable for a fine of twenty-five ($25) dollars during the daylight hours between sunrise to sunset. After sundown and before sunrise, the fine assessed shall be the basic twenty-five ($25) dollars fine plus five ($5) dollars for each mile per hour found to be in excess of the posted speed limit. History: Subsection 2.11 (A-D) 2.12 Careless Driving enacted 3/8/99. Resolution No A. A person operating or driving a vehicle of any manner on a road within the boundaries of the Reservation shall drive it in a careful and prudent manner, so as to avoid unduly or unreasonably endangering the life, limb, property or other rights of other persons. B. Any person found to have been in non-compliance with this section shall be liable for a fine of not more than $150.00, nor less than $ History: Subsection 2.12 (A-B) enacted 3/8/99, Resolution No Traffic Control and Signs A, The Fort Belknap Community Council may erect signs which regulate traffic, prohibit or restrict stopping, standing or parking, the direction of travel, and the hours during which roads and parking areas are open to the public. Any change proposed by the Council must be implemented pursuant to the procedure set forth in section 2.11 (B). All persons shall comply with the direction of any signal or posted traffic sign. B. All persons shall obey the lawful order or signal of any authorized person or sign directing, controlling, or regarding the movement of traffic. C. The operator of a motor vehicle shall comply with and observe ali visual or audible signals given by any authorized person directing the operator to bring his motor vehicle to a stop, This shall include obeying the instructions of an individual with apparent authority giving traffic instructions at a construction site, as long as given instructions are reasonable and prudent. D. The Fort Belknap Community Council is authorized to erect signs which regulate traffic, prohibit or restrict stopping, standing or parking, the direction of travel, and the hours during which roads and parking areas are open to the public during Sun dances, celebrations, and other temporary Tribal functions, The Chief of Police is authorized to regulate all motor vehicle traffic during Page 9 of Title VII of the Traffic Code

12 THE I AWS OF THE FORT BEl KNAP INDIAN COMMUNITY these temporary Tribal functions, pursuant to these temporary regulations. All persons shall comply with the direction of any signal or posted traffic sign. All signs existing as of the adoption date of this Code shall be presumed authorized, unless otherwise provided by the Council E. Any person found to have been in non-compliance with this section shall be liable for a fine of not more than $50.00, nor less than $ History: Subsection 2.13 (A-E) enacted 3/8/99, Resolution No Motor Vehicle Operating Standards A. Every motor vehicle operated on the roads within boundaries of the Fort Belknap Indian Reservation shall be equipped with headlights in front, capable of dimming from high beam, and have red lights in rear, capable of indicating when the brakes are applied. All vehicles with four wheels shall have at least two working headlights in front, and at least two working red tail-lights in the rear of the vehicle. B. Every motor vehicle shall also be equipped with at least one rear-view mirror, brakes sufficient to stop the vehicle as necessary, tires with adequate tread to allow safe operation at speeds operated, and windshields, windows, and a vantage point adequate to provide the driver with a safe view of the road and its conditions. The general condition of the car must be maintained so as to make the car safe to operate under existing conditions. C. When complying with traffic signals and signs, all operators must comply fully. When stopping, vehicles must reach a full stop. When turning, an operator must signal in advance so as to give other operators and pedestrians notice of his/her intentions. Signaling shall be accomplished by turn indicators front and rear on a vehicle, or by hand signals by the driver during daylight hours only. No vehicle shall operated in such manner so as to endanger the safety of another operator, pedestrian, or passenger. D. All individuals operating a Motor Vehicle or Motorcycle shall have in their possession a valid, current Driver's License from an authorized issuing agency. E. All vehicles driven on roads within the boundaries of the Fort Belknap Reservation must be properly, currently registered with an authorized registering agency, and must carry within said vehicle, in addition to at least one (1) license plate evidencing such fact, duly executed and authorized proof of registration. F. All vehicles operated on roads within the boundaries of the Fort Belknap Reservation must be properly, currently insured with basic liability insurance to protect other drivers and passengers in the amount of no less than Page 10 oftitle VII of the Traffic Code

13 THE taws OF THE FORT BEl KNAp INDIAN COMMUNITY $25, per person and $50, per accident, with proof of such insurance being carried in the vehicle at all times it is being operated. An officer finding a vehicle in non-compliance with this section may charge either the operator or the owner of the vehicle, in his/her discretion. G. Any person found to have been in non-compliance with this section shall be liable for a fine of not more than $250.00, nor less than $15.00, or shall receive a written warning to correct the non-compliance. A vehicle found to have no liability insurance shall be impounded by the law enforcement department and held until proof of insurance is produced to the presiding judge. The law enforcement department has no discretion as to the release of such vehicle. The Tribal Court judge is the only person with authority to release a vehicle. Before the vehicle can be released from impound, the owner/ operator shall be responsible for any towing or other costs incurred by law enforcement. Should a judge authorize the release he or she must do so in writing and such order shall then be provided to the law enforcement department. History: Subsection 2.14 (A-G) 2.15 Chjld Safety Restrajnts and Seat Belts enacted 3/8/99. Resolution No A. No operator of a motor vehicle within the Fort Belknap Reservation who is the parent or legal guardian of a child between zero (0) and four (4) years old, or weighing less than forty (40) pounds may transport the child in a motor vehicle owned by the resident or his/her spouse unless the child is properly restrained in a safety belt or other properly designed and manufactured child restraint system. B. All persons found within a motor vehicle shall be required to wear a seat belt. C. This section does not apply to a vehicle that is a motor bus, school bus, taxicab, moped, motorcycle, or three (3) or four (4) wheel all-terrain. D. The penalty for violation of Subsection A shall be a fine not to exceed one hundred dollars ($100.00) nor less than $ The penalty for violation of Subsection B shall be a fine not to exceed twenty-five dollars ($25.00) nor less than $ History: Subsection 2.15 (A-D) enacted 3/8/99. Resolution No SECTION 3 ENFORCEMENT 3.1. Enforcement Responsjbjlitjes. A. The law enforcement department at Fort Belknap shall have the responsibility to see that the above regulations are enforced. This Page 11 oftitle VII of the Traffic Code

14 THE I AWS OF THE FORT BElKNAP INDIAN COMMUNITY responsibility shall include, but is not limited to, the authority to stop all vehicles in non-compliance with this Chapter, issue written citations to individuals informing them of the type of non-compliance they will be held accountable for, setting hearing dates for adjudicating the liability of the cited individual unless otherwise prohibited under this Title. B. When an operator of a vehicle is stopped,md issued a citation, the officer shall include, as a part of the citation, a notice that a hearing will be held to determine the validity of the alleged non-compliance. The citation shall state that the officer will institute a civil complaint against the cited individual, list the basis of the complaint against the cited individual. They will have ten (10) working days from the date of the citation to file a written answer to the citation with the Fort Belknap Tribal Court Clerk. If they wish to contest the allegation of non-compliance, and set forth a date, fifteen (15) working days from the date of issuance, when a hearing will be held to adjudicate the matter. Specific times will be designated by Rules of Court. C. The Chief Judge, Prosecutor's office after consultation with the Council, shall appoint a representative for the Tribe and law enforcement department The Adult Civil Clerk of Court shall carry through on civil complaints initiated by law enforcement officers or others. This Civil Clerk of Court representative shall receive the citations issued, and prepare them for the trial as necessary. D. All officers, when stopping vehicles, or issuing citations, shall be in regular dress uniforms, and be driving distinctly marked police vehicles. E. Individuals wishing to report the non-compliance of someone may notify the law enforcement department at Fort Belknap, and officers shall investigate to determine whether there is in fact non-compliance warranting a citation. History: Subsection 3.1 (A-E) enacted 3/8/99, Resolution No Default. A. After the citation described above has been issued, it is the responsibility of the cited individual to answer the complaint as initiated by the citation. If an answer is not received by the Clerk of the Tribal Court within ten (10) working days of the time the citation was issued, the Tribal representative prosecutor's office may move the court for a default judgment for failure to answer. Upon the motion of the representative, prosecutor, a default will be entered in the minutes of the court record. If no answer was filed, the hearing scheduled shall be limited to a show cause proceeding to determine whether there was good cause for the individual's failure to answer. If the individual does not appear, or if good cause is not shown to prevent the default judgment, default judgment against the individual cited shall be Page 12 oftitle VII of the Traffic Code

15 THE I AWS OF THE FORT REI,KNAP INDIAN COMMUNITY 3.3. Fjnes. entered. B. If a fine was paid as a bond amount when the citation was issued, then that amount shall be forfeited to satisfy the default judgment. If no bond was posted, then the representative prosecutor may proceed with the judgment pursuant to the Fort Belknap Law and Order Code Rules of Civil Procedure on executing against property, or may move the Court to revoke the rights of the operator to use the vehicle in non-compliance with this Part for a period of not less than thirty (30) days or more than one (1) year. The Court may order whichever sanction in its discretion best fulfills the purposes of this title. C. If after failing to answer a complaint, the individual cited appears at the scheduled hearing and presents good cause for his failure, along with a written answer to the complaint, then the judge shall revoke any default entered, and schedule a second hearing within five (5) days, at which time evidence will be received to determine the validity of the complaint. Continuance of the hearing in this manner can be waived by the parties, or, in the interests of justice, by the court. The individual shall be served with a notice of the time and date of the second hearing before leaving the first show cause hearing. D. If the rights to operate a designated vehicle have been revoked pursuant to a default judgment, and the operator is found to be operating said vehicle within the boundaries of the Fort Belknap Reservation, then said vehicle shall be impounded for the remaining days left on the revocation, unless the individual pays the maximum fine amount listed for the non-compliance identified in the default judgment against him/her. History: Subsection 3.2 (A-D) enacted 3/8/99. Resolution No A. When an operator of a vehicle is stopped and issued a citation, the individual is to post the maximum fine amount identified in this Chapter for each non-compliance. This fine amount shall be posted as bond to: (1) encourage conformity with all vehicle operation requirements in the future; (2) emphasize the importance of non-conformity; (3) insure action on the part of the individual cited, if he/she chooses to answer; (4) provide a method for the convenience of the individual cited to choose the fine over a court appearance, when the individual accepts liability for his/ her non-conformance. B. If the individual cited is unable to post the required bond, the officer may detain the individual for up to one (1) hour while the individual attempts to Page 13 of Title VII of the Traffic Code

16 THE LAWS OF THE FORT BEI,KNAp INmAN COMMI JNIIT arrange posting of the bond amounts. If the individual is simply unable to pay the bond amount, the officer shall have the individual sign a note guaranteeing to pay the amount if found liable, and agreeing to submit to the jurisdiction of the Fort Belknap Tribal Court in any action necessary to collect the liability. C. If an individual is found to be in default, judgment shall be entered, the amount posted as a bond shall be forfeited, and used to satisfy the fine imposed. If an individual is in default on a complaint, the fine assessed shall be the maximum amount set forth in the specific provision cited. History: Subsection 3.3 (A-C) enacted 3/8/99. Resolution No Hearing procedure. A. The Fort Belknap Rules of Civil Procedure shall control the procedures followed in all hearings, unless specific procedures are identified in this Part. B. At an adjudicatory hearing, the presiding judge shall receive all relevant evidence, and decide whether there is a preponderance of evidence to find the individual cited liable for a fine amount. It shall be within the discretion of the judge to determine the amount of the fine the individual cited shall be responsible for, provided the amount assessed is within the limits set forth in this Part. History: Subsection 3.4 (A-B) enacted 3/8/99. Resolution No Miscellaneous Guidelines A. All fines collected shall be deposited with a Clerk of Court, so that said fines may be placed in an account established for the benefit of the court. All fines collected shall be used to defray administrative costs in enforcing this title, as well as to establish programs to promote highway safety. B. When exercising discretion in issuing warnings or citations, where permitted, all officers shall keep in mind the mandate of the Indian Civil Rights Act, and the rights provided for thereunder. All warnings issued shall be in lieu of issuing a citation, and are permitted only under the provisions of this Part which provide for such. C. This code shall become law immediately upon its passage by the Fort Belknap Community Council. For a thirty (30) day period after passage, no citation shall be issued when an individual is stopped for non-compliance with this title. Warnings shall be issued in lieu of citations, to give the general public time to become familiar with the provisions herein. Copies of this title shall be available to all who request a copy, and copies shall be posted in public places in each community on the Reservation. Page 14 oftitle VII of the Traffic Code

17 THE I AWS OF THE FORT BEI.KNAP INDIAN COMMI JNITY History: Subsection 3.5 (A-C) enacted 3/8/99, Resolution No TInE VII PART III CRIMINAL TRAFFIC LAW SECTION 1. Criminal Nature of Part III 1.1 Crimjnal Nature of Offenses. The offenses set forth in this chapter are found to be of a serious nature, warranting distinctive, significant treatment, and shall be considered offenses against the people of the Fort Belknap Indian Community, criminal in nature, and processed under the Rules of Criminal Procedure, provable on evidence demonstrated by the Tribal Prosecutor beyond a reasonable doubt. History: Subsection Processjng of Y01lth. enacted 3/8/99, Resolution No All individuals, including youth, shall be subject to the rules of this Part. Wherever possible, police officers shall provide copies of citations issued to the parents or guardians of the youth, and the court shall require at least one (1) parent or guardian accompany the youth in court, at times scheduled. A person under 18 years of age who is convicted of an offense under this title shall not be punished by incarceration, but shall be punished by one or more of the following: A. A fine not to exceed the fine that could be imposed on him/her if he/she were an adult, provided that such person may not be imprisoned for failure to pay such fine; B, Revocation of his/her driver's license by the court or suspension of the license for a period set by the court; C. Impoundment by the court or a party designated by the court of a vehicle operated by the person for a period of time not exceeding sixty (60) days, if the court finds that he/she either owns the vehicle or is the only person who uses the vehicle; D. Community service designed to impress upon the youth that careful consideration should be given to avoiding similar offenses in the future; and/or E. Appropriate treatment or counseling designed to meet the needs of the youth and to avoid reoccurrence of similar behavior in the future. Page 15 oftitle VII of the Traffic Code

18 THE LAWS OF THE fort BEl KNAP INDIAN COMMUNITY History: Subsection 1.2(A-E) enacted 3/8/99, Resolution No Work permits A. Upon refusal of a request for a blood, breath or urine test under this Chapter, the court shall be authorized only to grant a work permit for a period of time up to five (5) days. The suspension period otherwise applicable for such refusal, as set forth in this Chapter shall be mandatory, unless found to be improper upon the review provided for herein. B. Upon conviction of a DUI or PER SE under this Chapter, an individual shall be subject to the suspension of their driving privileges as provided. Individuals not otherwise subject to implied consent revocations or suspensions or other revocations or suspensions, may apply to the court for a work permit. The court shall be authorized to issue work permits to individuals who first pay the reinstatement fees provided for herein and show proof of current liability insurance, for the limited purposes of driving to and from work, driving while at work, driving to and from school, and driving to complete duties immediately necessary to maintain their immediate household. History: Subsection 1.3 (A-B) enacted 3/8/99, Resolution No, J.4 Reinstatement Fees The court is authorized to require a reinstatement fee in the amount of ($25.00) or ($50.00) or ($75.00) or ($100.00) be paid to the court, before a suspension or revocation imposed by the court is recognized as lifted, whether on an implied consent revocation or other suspension. Individuals failing to pay the reinstatement fee after a suspension or revocation, shall be maintained on revoked or suspended status until the fee is paid in full to the court. History: Subsection 1.4 J.5 Reporting Requjrements. enacted 3/8/99. Resolution No The court and police department is hereby required to record all Tribal Court convictions and implied consent revocations on the computer. Such status shall be maintained as current, as an individual serves their suspension/revocation or other sentence, and is reinstated. For purposes of sentencing on Tribal Court convictions, convictions in other jurisdictions will be considered, if duly reported on the Crime Computer. The police department shall assist the Tribal Prosecutor by obtaining records from the Crime Computer for consideration at sentencing, after conviction. History: Subsection 1.5 enacted 3/8/99. Resolution No J.6 Definjtions Page 16 of Title VII of the Traffic Code

19 THE taws OF THE FORT BELKNAP INDIAN COMMUNITY The definitions found in Section 1, subsection 1.3 shall be applicable to the terms found in this Part, unless otherwise provided. History: Subsection 1.6 enacted 3/8/99, Resolution No police Authority All tribal, Bureau of Indian Affairs, Montana Highway Patrol and other law enforcement officers authorized by the Council shall have the power to: A. Enforce the provisions of this Part and any other Tribal laws regulating the operation of vehicles or the use of the highways. B. To make arrests upon any person, without a warrant, for any violation committed in your presence of any of the provisions of this Title or other Tribal laws regulating the operation of vehicles or the use of the highway. c. At all times to direct all traffic to conform with this Title and in the event of fire or other emergency to expedite or to ensure safety, to direct traffic as conditions may require, notwithstanding the provisions of this Title. D. When on duty, upon reasonable belief that any vehicle is being operated in violation of any provision of this Title, to require the driver thereof to stop and exhibit his driver's license and registration card issued for the vehicle. E. To inspect any vehicle in any public garage or repair shop or in any place where such vehicle or vehicles are held for sale or wrecking, for the purpose of locating stolen vehicles and investigating the title and registration thereof. F. To serve all warrants relating to the enforcement of this Title regulating the operation of vehicles or the use of the highways. G. To investigate traffic accidents and secure names and addresses of witnesses of persons involved. H. To investigate reported thefts of motor vehicles. History: Subsection 1.7 enacted 3/8/99, Resolution No SECTION 2 OFFENSES 21 Reckless Driyjng A. Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. B. Every person convicted of reckless driving shall be punished by Page 17 oftitle VII of the Traffic Code

20 THE I AWS OF THE FORT BElKNAP INDIAN COMMUNITY imprisonment for a period of not more than thirty (30) days for a first offense and not more than sixty (60) days for a second or subsequent offense and/or to a fine not to exceed $150.00, for a first offense, or $ for a second or subsequent offense, and/or costs associated with prosecution, and/or may be deprived of the right to operate a motor vehicle for a period of not to exceed one (1) year. History: Subsection2.1 (A-B) enacted 3/8/99. Resolution No Reckless to Elude A. Any person who operates any vehicle in willful or wanton disregard for the safety of persons or property while fleeing or attempting to flee from or elude a peace officer who is lawfully in pursuit and whose vehicle is at the time exhibiting emergency lights, attempting to stop such person, is guilty of reckless driving. B. Every person convicted of reckless driving shall be punished by imprisonment for a period of not less than five (5) days or more than sixty (60) days for a first offense and not less than twenty (20) or not more than sixty (60) days for a second or subsequent offense and/or to a fine not to exceed $150.00, for a first offense, or $ for a second or subsequent offense, and/or costs associated with prosecution, and/or may be deprived of the right to operate a motor vehicle for a period of not to exceed one (1) year. History: Subsection 2.2 (A-B) enacted 3/8/99, Resolution No Drivjng Whjle Suspended or Revoked. A. Any person who drives a motor vehicle or commercial motor vehicle on any public highway within the boundaries of the Reservation at a time when the person's privilege to do so is suspended or revoked in this jurisdiction or any other jurisdiction is guilty of the offense of Driving While Suspended or Revoked, B, Any person, regardless of residence, whose license or right or privilege to operate a motor vehicle or commercial motor vehicle in this jurisdiction has been suspended or revoked as provided in this Code may not operate a motor vehicle or commercial vehicle in this jurisdiction under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after the revocation until the suspension or revocation is cured and a new license is obtained. C. Every person convicted of driving while suspended or revoked shall be punished by imprisonment for a period of time not less than two (2) days or not more than six (6) months and to a fine not to exceed $150,00, for a first offense, or $ for a second or subsequent offense, and/or costs associated Page 18 oftitle VII of the Traffic Code

21 THE I AWS OF THE FORT BEl KNAP INDIAN COMMUNITY with prosecution, and/or may be deprived of the right to operate a motor vehicle for a period of not to exceed one (1) year. History: Subsection 2.3 (A-C) enacted 3/8/99. Resolution No Drjvjng a MQtQr Vehicle by a PerSQn with AlcQhQl ConcentratiQn Qf 0.10 Qr more (per Se) A. Any person who drives or is in actual physical control of a vehicle on the highways or roads of this Reservation at a time while the person's alcohol concentration, as shown by analysis of the person's blood, breath, or urine, is 0.10 or more, is guilty of the offense of driving a motor vehicle by a person with Alcohol Concentration of 0.10 or more (Per Se). B. Any person who is convicted of a violation of this Section is guilty of an offense punishable as follows: Upon the first conviction and every conviction thereafter, each individual shall be required to attend and complete an alcohol information class, accredited by the court or an authorized jurisdiction recognized by the court. Upon the first conviction and every conviction thereafter, each individual shall also be sentenced to a fine in the amount of not more than $ and not less than $ Upon the first conviction, the court shall suspend the individual's Driving Privilege for a period of time not more than six (6) months and not less than sixty(60) days. Upon a second or subsequent conviction, the court shall suspend the individual's Driving Privilege for a period of time not more than one (1) year and not less than six (6) months. Upon a third or subsequent conviction, the court shall suspend the individual's Driving Privilege for a period of time not less than one (1) year. Upon the first conviction, the court shall require an individual to serve no more than twenty (20) days. Upon a second conviction, the court shall require an individual to serve no more than ninety (90) days or less than two (2) days in jail. Upon a third or subsequent conviction, the court shall require an individual to serve no more than six (6) months and no less than twentyeight (28) days in jail. Individuals choosing to attend in-patient treatment, shall be eligible, if the court so chooses, to receive credit for time spent in inpatient treatment on a day for day basis, and against fine amounts, at the rate of $20.00 per day. History: Subsection 2.4 (A-B) enacted 3/8/99. Resolution No S Drivjng a Motor Vehicle While Under the Influence Qf Intoxicating Liquor Qr Dmgs. A. It is unlawful and punishable for any person who is under the influence of intoxicating liquors, under the influence of any drug, or under the combined influence of alcohol and any drug, to a degree which renders him/her incapable of safely driving motor vehicle to operate or be in actual physical control of any motor vehicle upon the highways or roads of the Fort Page 19 of Title VII of the Traffic Code

22 THE laws OF THE FORT BEl KNAP INDIAN COMMUNITY Belknap Reservation. B. In any criminal prosecution for a violation of paragraph (A) of this Section relating to driving a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, urine, breath or other bodily substance, shall give rise to the following presumptions: (1) If there was at that time 0.05 percent or less by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor. (2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. (3) If there was at that time 0.10 percent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating liquor. (4) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) cubic centimeters of blood. (5) In addition to the results of chemical analysis as set forth in paragraph (B), other competent evidence may be introduced on the question of whether the defendant was under the influence of an intoxicating liquor. C. Any person who is convicted of a violation of this Section is guilty of an offense punishable as follows: Upon the first conviction and every conviction thereafter, each individual shall be required to attend and complete an alcohol information class, accredited by the court or an authorized jurisdiction recognized by the court. Upon the first conviction and every conviction thereafter, each individual shall also be sentenced to a fine in the amount of not more than $ and not less than $ Upon the first conviction, the court shall suspend the individual's Driving Privilege for a period of time not more than six (6) months and not less than sixty(60) days. Upon a second or subsequent conviction, the court shall suspend the individual's Driving Privilege for a period of time not more than one (1) year and not less than six (6) months. Upon a third or subsequent conviction, the court shall suspend the individual's Driving Privilege for a period of time not less than one (1) year. Upon the first conviction, the court shall require an individual to serve no more than thirty (30) days and no less than twenty-four (24) hours in jail. Upon a second conviction, the court shall require an individual to serve no more than Page 20 of Title VII of the Traffic Code